Am I allowed to publish private messages from other people?
November 14, 2022 | 30,00 EUR | answered by Wanda Hartmann
Dear Lawyer specializing in Internet and Computer Law,
I am reaching out to you with a question regarding the publication of private messages. In the past few weeks, I have received numerous private messages from various individuals that were either offensive, threatening, or defamatory. I am very unsure whether I am allowed to make these messages public in order to defend myself against these attacks.
Currently, I am unsure if the publication of these private messages is legally permissible. On one hand, I want to defend myself and inform the public about the harassment, but on the other hand, I also do not want to violate any laws. Therefore, I am wondering if I need the consent of the senders to make their messages public, or if there are other ways to protect myself.
I am worried that there may be legal consequences if I were to publish the private messages. At the same time, I do not want to sit idly by and expose myself to further attacks. Therefore, I kindly ask for your expert assessment and possible solutions in this matter.
Thank you in advance for your help.
Sincerely,
Ben Kohlstein
Dear Mr. Kohlstein,
Thank you for your inquiry regarding the publication of private messages that are offensive, threatening, or defamatory. This situation can be very distressing, and it is important that you educate yourself about your legal options to protect yourself appropriately.
In general, the publication of private messages without the sender's consent is legally problematic. The right to one's own image and words protects the privacy and personal rights of a person. Therefore, if you publish private messages without the sender's consent, you risk legal consequences such as claims for damages or injunctions.
However, there are exceptions where the publication of private messages may be justified. For example, if the messages are used to defend against insults, threats, or defamation and to inform the public about these incidents. In such cases, the legitimate interest in defending against attacks may outweigh the right to privacy.
It is important, however, that you carefully consider whether the publication of private messages is actually necessary and proportionate. You should also consider that the senders may take legal action against you, even if you are in the right. Therefore, it is advisable to seek legal advice before publication to minimize potential risks.
A possible solution in your case could be to archive the offensive, threatening, or defamatory messages and use them as evidence if legal action becomes necessary. You could also try to contact the senders and ask them to stop the harassment or, if necessary, to contact the relevant authorities.
I strongly recommend consulting a lawyer specializing in internet and computer law to discuss your specific situation and receive individual solution proposals. This way, you can ensure that your actions comply with the law and that you are adequately protected.
I hope this information is helpful to you and I am available for any further questions.
Kind regards,
Wanda Hartmann
Attorney specializing in internet and computer law
